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The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [8] The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9]
The first Code of Canon Law (1917) was exclusively for the Latin Church, with application to the Eastern Churches only "in cases which pertain to their very nature". [27] After the Second Vatican Council (1962 - 1965), the Vatican produced the Code of Canons of the Eastern Churches which became the first code of Eastern Catholic Canon Law. [28]
It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917. According to canon 6, the 1983 code of canon law abrogates the 1917 code of canon law and any penal laws made under it that are not contained in the 1983 code. [5] The 1983 Code of Canon Law is composed of laws called canons.
Catholic canon law also lays down rules for licit, also called lawful, placing of the act, along with criteria to determine its validity or invalidity. Valid but illicit or valid but illegal ( Latin : valida sed illicita ) is a description applied in the Catholic Church to describe either an unauthorized celebration of a sacrament or an ...
In simple terms, a juridic person is an artificial construct under canon law that allows a group of persons or things to function and be treated under canon law as a single unit. The 1917 Code of Canon Law referred to all juridic persons as "moral persons", [11] while the 1983 Code of Canon Law uses the term "moral person" solely to designate ...
The term used in the Code of Canon Law is "bishop", not "ordinary". Accordingly, the required permission cannot be given by a vicar-general or a diocesan administrator . The permission of the parish priest of the place is not required.
Canon 29 of the 1983 Code of Canon Law offers a definition of general legislative decrees: General decrees, by which a competent legislator makes common provisions for a community capable of receiving a law, are true laws and are regulated by the provisions of the canons on laws.
Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...